RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: BC-2013-01407
XXXXXXX COUNSEL: NONE
HEARING DESIRED: NO
________________________________________________________________
APPLICANT REQUESTS THAT:
The Fitness Assessment (FA), dated 1 Nov 2012 be declared void and removed from the Air Force Fitness Management System (AFFMS).
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APPLICANT CONTENDS THAT:
He had a medical emergency that caused chest pain and shortness of breath during the contested FA. Immediately following the test he was sent to urgent care to be evaluated. Due to this isolated medical emergency, the test should have been invalidated and re-administered at a later date.
In support of his appeal, the applicant provided a medical record from the urgent care visit and a pulmonary function report from a follow-up visit, which indicate that he had a medical condition that may have precluded him from achieving a passing score on the contested FA.
The applicants complete submission, with attachments, is at Exhibit A.
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STATEMENT OF FACTS:
The applicant is currently serving in the Regular Air Force in the grade of staff sergeant (E-5).
On 1 Nov 2012, the applicant participated in a FA, attaining an overall composite score of 73.90, which constituted an unsatisfactory assessment. The applicant was credited with the following component scores: Cardio 13:47/39.30, Abdominal Circumference 37.00/15.80 points, Push-ups 60/10.00 points, Sit-ups 47/8.80 points.
A Standard FM 600, Record of Medical Care, dated 1 Nov 2012, indicates the applicant visited the Medical Treatment Facility, for chest pain and shortness of breath. His medical provider diagnosed him with Acute Bronchospasm, secondary to overexertion in a cold environment with a documented sinus infection.
In accordance with AFI 36-2905, dated 26 June 12, paragraph 10, If an Airman becomes injured or ill during the FA and is unable to complete all required components, he/she will have the option of being evaluated at the Medical Treatment Facility (MTF) but his/her test will still count unless rendered invalid by the Unit Commander...If the medical evaluation validates the illness/injury, the Unit Commander may invalidate the test results. The Airman will then be required to retest within five duty days or when capable based on the recommendations of the medical provider and the Exercise Physiologist (EP). If an AF Form 422 is required, an additional 7 days will be allowed for the AF Form 422 to be generated and provided.
The applicants last five FA results are as follows:
Date
Composite Score
Rating
07 Aug 13
85.00
Satisfactory
11 Feb 13
82.00
Satisfactory
*01 Nov 12
73.90
Unsatisfactory
23 Apr 12
85.75
Satisfactory
20 Oct 11
82.30
Satisfactory
*Contested FA
On 24 Nov 2013, a similar request was considered and denied by the Fitness Assessments Appeals Board (FAAB) due to Insufficient evidence to support contention.
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AIR FORCE EVALUATION:
AFPC/DPSIM recommends denial of the applicants request, due to the lack of supporting evidence. After reviewing the claim it was determined the applicant did not provide documentation from the medical provider validating the illness/injury affected his performance during the FA. Additionally, the applicant did not provide documentation from his Unit Commander indicating his/her decision to invalidate the FA in question.
A complete copy of the AFPC/DPSIM evaluation, with attachments, is at Exhibit B.
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APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
A copy of the Air Force evaluation, with attachments, was forwarded to the applicant on 7 Jan 14 for review and comment within 30 days. As of this date, no response has been received by this office (Exhibit C).
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THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or regulations.
2. The application was timely filed.
3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. We took notice of the applicant's complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant has not been the victim of an error or injustice. While we note the applicant has provided medical records from his urgent care visit and pulmonary function report, we do not find this, in and of itself, sufficient to recommend corrective action. In this respect, we note the applicants submission does not contain the documentation required in accordance with AFI 36-2905, which may include a recommendation from the medical provider and exercise physiologist, explaining when the member would be considered capable to retest; a commander signed memorandum asking that the FA in question be removed from the applicants record; and the Fitness Screening Questionnaire he was required to complete prior to participating in the assessment. Should the applicant provide documentation that would demonstrate a valid illness/injury during the contested FA, we would be willing to reconsider his request. However, in view of the above and in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application.
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THE BOARD DETERMINES THAT:
The applicant be notified that the FA dated 1 Nov 12, did not demonstrate the existence of material error or injustice; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application.
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The following members of the Board considered AFBCMR Docket Number BC-2013-01407 in Executive Session on 27 Mar 14, under the provisions of AFI 36-2603:
Ms. XXXXXXX, Chair
Ms. XXXXXXX, Vice Chair
Ms. XXXXXXX, Member
The following documentary evidence pertaining to AFBCMR Docket Number BC-2013-01407 was considered:
Exhibit A. DD Form 149, dated 1 Nov 12, w/atchs.
Exhibit B. Memorandum, AFPC/DPSIM, dated 26 Sep 13, w/atchs.
Exhibit C. Letter, SAF/MRBR, dated 7 Jan 14.
XXXXXXX
Chair
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